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McCaskill on sexual assault allegations against Brett Kavanaugh: I will 'set them aside'

Senate Democrats say the FBI should look into the sexual-assault allegation against Supreme Court nominee Brett Kavanaugh as his accuser wants. Republicans say that's unnecessary because the Senate is conducting its own investigation. (Sept. 19)

LEBANON — Asked about the sexual assault allegations against Supreme Court nominee Brett Kavanaugh on Wednesday, Sen. Claire McCaskill said she will "set them aside" when deciding how to vote on President Donald Trump's high court pick.

McCaskill, D-Missouri, spoke Wednesday before a crowd of about 60 people at A Taste of Andy's restaurant in Lebanon — where she spent part of her childhood — before heading to Mt. Vernon for an additional southwest Missouri campaign event.

The subject of the judge was the first issue raised by a member of McCaskill's audience. It came in the form of a man's blunt bark — no question, no set-up, just "Kavanaugh."

McCaskill has been pressured left and right but has not voiced a definitive opinion on the judge. She promised her decision would come "shortly, very shortly, in fact."

Stressing that she wanted to prioritize Kavanaugh's judicial track record and policies when making up her mind, McCaskill said found the allegations against Kavanaugh "disturbing" but would "set them aside" when deciding how to vote.

Kavanaugh's nomination appeared threatened after Christine Blasey Ford, a California professor, told the Washington Post last weekend that Kavanaugh had pinned her down and tried to take off her clothes while drunk at a party more than 30 years ago when he was 17 and she was 15.

Kavanaugh has categorically denied Ford's allegations and has said he will testify next week before the Senate Judiciary Committee. An attorney for Ford has said the accuser would testify — but not before the FBI investigates her allegations against Kavanaugh.

McCaskill made the sexual assault allegations less of a priority than Kavanugh's previous opinions as a judge and as an individual based on her review of confidential documents.

"I'm going to make the decision based on his positions, his writings in his decisions, and what I've discovered in the documents I've had a chance to review," she said. "That's how I'll make my decision."

McCaskill, a former Jackson County prosecutor, said it wasn't her place to opine when a reporter asked her whether she believed Ford's allegations.

"I don't think that this is a trial, and I don't think I should be called upon to make that decision without hearing her testify," McCaskill said, adding, "I've tried many of these cases where the victim tells their story and the defendant has a different story, and it's a matter of credibility, and I think anybody who makes up their mind without hearing them testify about the facts and the circumstances are doing both of them a disservice."

McCaskill said it would be "really unfortunate" if the FBI did not reopen its background check on Kavanaugh prior to any hypothetical testimony by Ford. She also questioned the need to rush Kavanaugh's nomination but wouldn't say whether she would vote without Ford's testimony and additional FBI investigation.

"I don't know. Let's see what happens," McCaskill said. "This thing changes every day. I wouldn't be surprised if she testifies."

CLOSE

President Donald Trump says “we'll have to make a decision” if Supreme Court nominee Brett Kavanaugh’s sexual-assault accuser “makes a credible showing” before the Senate Judiciary Committee. (Sept. 19)

President Donald Trump, who nominated Kavanaugh earlier this year, has defended the nominee while adding that he is receptive to hearing Ford's side of the story.

Hawley told Hewitt that Ford "should be allowed to testify" while criticizing Democrats' handling of the allegations, which were submitted in writing to Ford's California congresswoman before becoming public.